JA for Redesign Repair Structural Foundations B4 7 59_redacted.pdf

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

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DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID: 36C263-23-AP-1407

1. Contracting Activity: Department of Veterans Affairs, Network 23 Contracting Office (NCO 23) for

VISN 23, St. Cloud VA Health Care System (VAHCS), 4801 Veterans Drive, St. Cloud, Minnesota 56303, Purchase Request Number: 656-23-3-2434-0011.

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: This justification is in support of a new, single award, Firm-Fixed-Price (FFP) contract for an Architectural- Engineering (A/E) firm to provide a refresh of the drawings for Project Number 656-14-247, Repair Structural Foundations B4, 7, 59, that were originally completed in 2014. The existing 100% Construction Documents created in 2014 are still relevant and constructable today; the only services needed are to provide code updates. In addition, this project will require Construction Period Services (CPS) and Site Visits to support and facilitate the administration of the construction contract at the St. Cloud VAHCS. The approximate estimated value of these services (to include any option years) is .

Description of Work:

REDESIGN SERVICES:

Due to the age of this design, the below needs to be completed to ensure the specifications and drawings are correct and code compliant.

a. Complete review of drawings and specifications. This will include one site visit to review existing conditions in comparison to existing drawings.

b. Issue amendments/Architectural Supplemental Instructions (ASI) to the drawings prior to construction bid solicitation.

c. Provide code reference updates to existing drawings and specifications.

d. Provide redesign of any current design errors, and to issue appropriate ASIs.

CONSTRUCTION PERIOD SERVICES: OPTION FOR CONSIDERATION: The following items are to be taken into consideration and the VA request a proposal for these services for Construction Administration and Closeout

a. Attend the on-site pre-bid conference and contractor site visit. At least one (1) representative from each relevant discipline of work shall attend. Present a general overview of the project to bidders and highlight any specific areas of the work that will require special attention.

b. Answer all questions which arise during the solicitation period. Develop technical addenda if necessary, including specifications and drawings.

c. After a construction contract has been awarded, the A/E shall print and deliver to the VA two (2) sets of the construction drawings, including any drawings amended during the solicitation period. One (1) drawing is to be full size, and one (1) is to be half-size.

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d. Generate a submittal schedule and register with all expected submittals and supply to the Contracting Officer’s Representative (COR) prior to the contractor submittal process.

e. Review all technical submissions, shop drawings, and other items required of the contractor. A/E is to make written recommendations to the VA as to their compliance with drawings and specifications. Return submittals with recommendations to the VA within 20 calendar days unless noted otherwise under the submittal register/schedule previously approved by the VA.

f. Reply to all Requests for Information (RFI) within 10 calendar days unless the project COR determines the RFI to be critical to the project. Critical RFI’s shall be returned to the VA within five (5) calendar days. If the RFI will generate a change order, follow the Architectural Supplemental Instruction/Pricing Request (ASI/PR) VA process.

g. Any ASI/PR or other documents that alter the construction documents (other than RFI) shall be submitted to the COR within 10 calendar days from the date of the determined need. An estimate of construction cost shall be submitted with the ASI/PR documents. A/E to follow VA construction estimate cost process.

h. Review all requests for change orders generated by the contractor, VAHCS and/or A/E firm and make written recommendations and provide detailed unit cost estimates to the VA.

Most importantly the detailed estimates shall not be lump sum and shall be detailed as the drawings. That is, if it is shown in detail, it should be priced in detail. The design team shall independently review the work required to resolve the identified problem. The A/E shall recommend to the COR as to whether the solution is a change order to the original construction contract. If the work is recommended to be a change order to the contract, the design team shall make an independent recommendation to the COR regarding the construction tasks required, the cost of the required tasks, and the impact to the construction schedule. All reviews of change orders shall be completed (including recommendation, Independent Government Cost Estimates and other supporting documents) within 10 calendar days of the determined need.

i. Provide on-site construction observations (see paragraph n. below for required site visits) at pre-scheduled times and other critical times to assure compliance with contract requirements. Construction observations shall be performed by the appropriate staff member based on the primary discipline of work occurring at the time of the observation.

Include adequate time for on-site observation and meeting with the COR and contractor.

Provide notes, observations, report of errors or omissions, deficiencies or concerns within three (3) calendar days of the observation.

j. Provide as-built drawings, one original vellum, Mylar, or Tyvek, one reproducible set, and updated AutoCAD compact disks of the drawings, within 25 calendar days from submission of contractors as built information.

k. A/E shall call in on bi-weekly progress meetings with the COR, Contracting Officer and contractor. Meetings should be scheduled for approximately one hour depending on agenda.

l. A/E shall complete the VA building service equipment process, reviews and complete the VA spreadsheet. A/E shall coordinate with the contractors to identify ALL incoming building service equipment onto the VA spreadsheet. This process is to be completed during submittal process WELL IN ADVANCE of VA acceptance of space. A/E shall have competent person on team to advise VA if a space is a confined space, the lock out/tag out process, gathering info from manufacturer for VA to develop preventative maintenance process.

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m. The A/E of record shall remain responsible for the quality of the design throughout construction implementation. If a determination by the COR/Contracting Officer is made regarding a design error/omission and/or a constructability problem that justifies a site inspection, the A/E shall inspect the field condition within three (3) calendar days of the COR’s request. This shall be at no additional cost as the problem arose due to quality of design.

n. A/E shall inspect the construction work onsite for the below standard inspections, per each building site. Produce and provide complete punch lists or correction notices. The punch list shall be submitted by the A/E to the COR within three (5) business days after the inspection date.

i. Mechanical Inspection (prior to be covered)

ii. In wall inspection (includes all work excluding insulation within walls).

iii. Above Ceiling Inspection/Penetration sealant compliance

iv. Final Inspection

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: The following narrative demonstrates that there is only one responsible source Under FAR 6.302-1, due to the substantial duplication of cost to the government, and the time associated with unacceptable delays in fulfilling the agency’s need of constructing this project.

LHB Inc. was originally issued a task order for the design of St. Cloud VA project 656-14-247, Repair Structural Foundations B4, 7, 59. The design included all site investigation, schematic design, design development, construction documents and 100% bid contract documents (drawings, specifications, cost estimate, etc.).

The requested services for the acquisition would allow the original design firm to provide a refresh of the original design documents without adding additional investigative or schematic services, and to provide CPS without going through costly design reviews. In addition, it is expected that no additional liability costs would be passed on to the Government; whereas, if another A/E firm was expected to conduct these needed services, there would be additional costs associated with the liability of having to redesign another firms construction documents and having to provide construction support services (answering RFI, issuing ITC’s, etc.) on a project that was not their own.

LHB Inc. has been intimately involved with this project from conceptual design phase through completion of 100% construction documents. They have the professional knowledge of the many variable conditions to be concerned with in the architectural, electrical, structural and mechanical disciplines. In addition, LHB, Inc. is also able to obtain the same key personnel to perform these updates. Contracting with another firm would be cost-prohibitive to the government and would require countless labor hours to investigate site conditions in order to be able to conduct all new design requirements, including document reviews of documents not provided by their own firm. It would additionally provide a path for inefficient and substandard architectural practices and increase the overall risk, time and cost to the project.

The factor to sole source the CPS back to the A/E record of design is due to no added liability costs for services performed during construction. During construction, many questions and requests for opinions or instructions on the design, specifications, and drawings are posed to the A/E in order to provide a clear direction or understanding of the intent back to the construction contractor. Most of

Last Updated: 02/01/22 Page 4 of 4 these responses and/or instructions can be provided easily by the A/E of record as they provided the plans and design based upon their own independent studies and reviews of the project needs.

Even if assuming a sole source contract added a premium to the procurement price due to lack of competition, it would not equal the cost and time savings that the government would receive by sole sourcing this requirement to LHB Inc.

Due to the projected cost and time savings, it is recommended that a sole source procurement be pursued. Continuing to have LHB Inc. as the A/E of record on this additional requirement for this project will save the government money and allow for a basis of efficiency. It would be costly to have another A/E firm duplicate the efforts already paid for and pay a higher price to offset any liabilities that another firm would be held to for a project that another A/E has designed.

4. Description of market research conducted and results or statement why it was not conducted:

Market research was conducted but due to the uniqueness of this requirement, a sole source is being conducted. One market research technique that was used to identify potential sources for this requirement included utilizing an existing VISN A/E Multiple Award Indefinite Delivery Indefinite Quantity (IDIQ) contract for locations within Minnesota and Western Wisconsin, by submitting a Request for Qualifications to A/E firms awarded a contract off this IDIQ for services required for this acquisition. None of the A/E firms provided a response for these services. The results showed that other A/E firms may not be willing to take on the responsibility of having to redesign another firms construction documents and having to provide construction support services on a project that was not their own.

Other market research efforts included querying Vendor Information Pages (VIP) for Service Disabled Veteran Owned Small Business (SDVOSB) vendors and Veteran-Owned Small Business (VOSB) vendors. A strict search for Minnesota, Iowa, North Dakota, South Dakota and Wisconsin resulted in 12 SDVOSBs and 3 VOSBs within NAICS 541310.

No other market research was conducted for this acquisition. It is anticipated that any other A/E firm besides LHB Inc. would have to provide costly and time-consuming design reviews to try to understand the project and would still not acquire full knowledge of the project since they were not part of the original design and have no history pertaining to decisions made during the design.

Awarding this contract to another A/E firm would mean the government would incur additional liability insurance costs, thereby increasing project costs and would likely mean inferior service provided to the government due to lack of project knowledge.

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Angela Frost Date NCO23 Contracting Officer

ANGELA FROST

Digitally signed by ANGELA

FROST

Date: 2023.05.16 08:53:14 -05'00'